New Lawsuit...

[Andrew]

Survivor founder sues over use of band’s name

http://www.chicagotribune.com/news/opin ... 7324.story


Frankie Sullivan has the "eye of the tiger" when it comes to spotting potential copyright infractions involving Survivor, the rock band he co-founded in the late 1970s.

The Palatine resident is suing New Hampshire-based promoter Andrew Broady and Larry Hoppen, a founder of 1970s band Orleans, for improperly using the Survivor name to promote concerts this year involving the band's former lead singer.

The lawsuit centers on what is surely a touchy issue for rock reunion tours: how to bill performers who have severed ties with the bands that brought their brush with fame.

The lawsuit, filed last week in U.S. District Court in Chicago, is the latest twist in a long-running dispute over the Survivor name involving Sullivan and Jimi Jamison, a former frontman for the band. Jamison, Orleans and singer John Cafferty are among the acts promoted by Broady and Hoppen in their "Rock & Pop Masters" concert series.

Sullivan asked the court to bar the two promoters from mentioning Survivor in marketing material and to award him damages and a share of proceeds from February and March concerts listed on Hoppen's Web site: "Rock & Pop Masters hosted by Jimi Jamison (Survivor)," and "Rock & Pop Masters featuring Jimi Jamison (Survivor)."

Jamison joined Survivor in 1983 after it scored its only No. 1 hit, "Eye of the Tiger," handling lead vocals for the band from 1984 to 1993 and then again from 2000 to 2006.

Although Jamison left the band in 1993, he became enmeshed in a lengthy legal dispute with Sullivan by billing his solo act as "Jimi Jamison's Survivor" and "Survivor Featuring Jimi Jamison." Both men claimed rights to the band's name, which the U.S. Trademark Trial and Appeal Board ruled belonged to Sullivan in 1999.

Before rejoining the band in 2000, Jamison signed a contract agreeing not to use the Survivor name for promotional or business purposes, although he is allowed to mention his role in the band for biographical purposes.

"It's been 15 years that we've been protecting our client's rights," said Annette McGarry, Sullivan's attorney. "It's our legal obligation to police this trademark."

Hoppen and Broady didn't return phone calls.

[Saint John]

Tough one here, man. I just fucking hate lawsuits unless there was a real miscarriage of justice or a person was robbed of income they would have otherwise incurred. I think it's absolutely fucking ridiculous and petty that Jimi Jamison can't mention that he was in Survivor. Perhaps it should have said "Formerly of Survivor" but, at any rate, I think this is nothing more than sour grapes on Frankie's behalf because he's bored and knows his current lineup is dogshit and going nowhere. Just a bad situation.

[Ehwmatt]

Saying Jimi Jamison (Survivor) is a FAR cry from Jimi Jamison's Survivor or Survivor Featuring Jimi Jamison. Frankie might not win this one if it goes to trial, which it probably won't.

[Slander]

Saying Jimi Jamison (Survivor) is a FAR cry from Jimi Jamison's Survivor or Survivor Featuring Jimi Jamison. Frankie might not win this one if it goes to trial, which it probably won't.

It's too bad FS has to do this. I understand it though. The name is his property, right?

[Slander]

I think it's absolutely fucking ridiculous and petty that Jimi Jamison can't mention that he was in Survivor. Perhaps it should have said "Formerly of Survivor" but, at any rate, I think this is nothing more than sour grapes on Frankie's behalf

Before rejoining the band in 2000, Jamison signed a contract agreeing not to use the Survivor name for promotional or business purposes, although he is allowed to mention his role in the band for biographical purposes.


Hey Axe. Isn't this what JJ agreed to? Doesn't FS own the name? I can't believe we are going down this road again.

[Ehwmatt]

Saying Jimi Jamison (Survivor) is a FAR cry from Jimi Jamison's Survivor or Survivor Featuring Jimi Jamison. Frankie might not win this one if it goes to trial, which it probably won't.

It's too bad FS has to do this. I understand it though. The name is his property, right?

It's an iffy call. You could make a pretty decent case that saying "Jimi Jamison (Survivor)" IS using it for "biographical purposes" in the eyes of an ordinary concertgoer/promoter. Anyone familiar with how concerts are billed would know that the (Survivor) kinda implies "Jimi Jamison of Survivor fame" or "Jimi Jamison from Survivor" rather than the more invasive billings that were the subject of past disputes.

[Saint John]

I think it's absolutely fucking ridiculous and petty that Jimi Jamison can't mention that he was in Survivor. Perhaps it should have said "Formerly of Survivor" but, at any rate, I think this is nothing more than sour grapes on Frankie's behalf

Before rejoining the band in 2000, Jamison signed a contract agreeing not to use the Survivor name for promotional or business purposes, although he is allowed to mention his role in the band for biographical purposes.


Hey Axe. Isn't this what JJ agreed to? Doesn't FS own the name? I can't believe we are going down this road again.

Understood, but, like Ehwmatt said, why not let the guy remind people who exactly he is since he had a hand in making those songs? Crime is usally based on intent ( and I do realize this is a civil court matter), and I simply don't think what he was doing was anything more than trying to remind people who he used to perform with ... and that's pretty much what he agreed to do. I think for Frankie to hae a case he would have to prove that Jamison is trying to deceive and tout himself as currently being in Survivor. I think this would have all been moot had he put "Formerly of" in there. Hopefully, it's settled quickly and both parties can move on.

[Andrew]

I think it's absolutely fucking ridiculous and petty that Jimi Jamison can't mention that he was in Survivor. Perhaps it should have said "Formerly of Survivor" but, at any rate, I think this is nothing more than sour grapes on Frankie's behalf

Before rejoining the band in 2000, Jamison signed a contract agreeing not to use the Survivor name for promotional or business purposes, although he is allowed to mention his role in the band for biographical purposes.


Hey Axe. Isn't this what JJ agreed to? Doesn't FS own the name? I can't believe we are going down this road again.

Sounds like the promoter has done this and not JJ. I know from talking to a number of guys performing outside their famous roles, that promoters try and use whatever means possible to promote the visability of these shows. Hell, I have to consider the same with MRF. I got it wrong first time around (and had Frankie's lawyer up my ass for a moment!!) - got it right htis time No Survivor logos!

[Ehwmatt]

I think it's absolutely fucking ridiculous and petty that Jimi Jamison can't mention that he was in Survivor. Perhaps it should have said "Formerly of Survivor" but, at any rate, I think this is nothing more than sour grapes on Frankie's behalf

Before rejoining the band in 2000, Jamison signed a contract agreeing not to use the Survivor name for promotional or business purposes, although he is allowed to mention his role in the band for biographical purposes.


Hey Axe. Isn't this what JJ agreed to? Doesn't FS own the name? I can't believe we are going down this road again.

Sounds like the promoter has done this and not JJ. I know from talking to a number of guys performing outside their famous roles, that promoters try and use whatever means possible to promote the visability of these shows. Hell, I have to consider the same with MRF. I got it wrong first time around (and had Frankie's lawyer up my ass for a moment!!) - got it right htis time No Survivor logos!

From what I understand, it's pretty much always up to the promoter with these kinda things. I mean think about it - the band doesn't stand there and type in the show in the ticket database or hang the letters up on the marquee at the venue with the long pole.

I don't know what's in the booking contracts and all that, I suppose Jimi could have a clause "PROMOTER shall bill as "Jimi Jamison formerly of Survivor" or something like that to avoid any possible dust-ups like this. I have no idea how that works. But, even when that whole Hugo thing broke, when it sounded like it was just an issue of how they were being billed on a venue marquee and we didn't know about the poster and the way they were doin stuff, I was thinking Hugo was getting dragged through the mud unfairly there (turned out he wasn't).

[IngoK]

Ridiculous! Frankie (or his lawyers) are making fools out of themselves. RPM and Larry Hoppen always are writing "ex-Survivor" or "formerly of Survivor". It happened only one time that they missed to write "ex" or "formerly" and that`s on the Tour Section of the Orleans Website. And one of the mentioned Gig was a Benefit Concert for a Children Hospital...

Both Larry and Andy know very good how to use Jimi's past Band name in the correct way and I know a lot of Concert Posters which had to be changed because the Name wasn't used correct. The mentioned website shows at least only a writing mistake and not a misuse.

Of course Frankie got the rights for the name Survivor and at least he can do that but with all respect that's simply ridiculous...

[Slander]

The mentioned website shows at least only a writing mistake and not a misuse.

Well that's convenient. FS owns the name, why can't people get over the fact.

[Eyeof]

"And one of the mentioned Gig was a Benefit Concert for a Children Hospital... "

wow....

Of course i think FS thinks he owns the word...remember when he tried to sue the TV show...that was an embarrassing moment for all us fans...I can remember my friends making fun of me because I liked the band.

Next he is going to start taking legal action against cancer and Vietnam 'survivors' for using HIS word. I wonder how Destiny’s Child got away with singing that song about him and not paying!

[Tito]

Hell, I have to consider the same with MRF. I got it wrong first time around (and had Frankie's lawyer up my ass for a moment!!)

I remember that. That was funny to this outside observer.

[Tito]

Instead of wasting money on lawsuits, particularly scummy lawyers, why don't they just reunite and tour together/play shows together and make more money than they do now. Instead of negative cashflow turn it into positive cashflow.

As far as the past lawsuit from the 90's - when Jamison was touring under the Survivor name, I used to brag that's how good Survivor was - there were two of them.

[IngoK]

Sullivan asked the court to bar the two promoters from mentioning Survivor in marketing material and to award him damages and a share of proceeds from February and March concerts listed on Hoppen's Web site: "Rock & Pop Masters hosted by Jimi Jamison (Survivor)," and "Rock & Pop Masters featuring Jimi Jamison (Survivor)."

And here is the bad and ugly website which damages the income of Frankie:

http://www.orleansonline.com/TourDates.html

Have a look and judge yourself.

Again: That lawsuit is ridiculous. Frankie should concentrate on his music.

[Slander]

Again: That lawsuit is ridiculous. Frankie should concentrate on his music.

What do you do when someone messes with your property? Just a question.

[Eyeof]

Well that is a good question. I would think I would try to communicate with them DIRECTLY. Fix the issue and move on. NOT CALL MY LAWYER right off the bat.

Just a very quick question Andrew. When this happend to you. Did you hear from Frankie about it first or a lawyer?

[IngoK]

Again: That lawsuit is ridiculous. Frankie should concentrate on his music.

What do you do when someone messes with your property? Just a question.

That answer is easy: Concentrating on my main goal! And that is...

Other question: What would happen if Kip Winger writes on his website in the tour section that he's playing at the melodic rock fest 2 together with Jimi Jamison of Survivor?

In my opinion Frankie is setting the mail goal wrong. But like I wrote before (hope you read it) he is allowed to do that. If it make sense is another story.

[Slander]

Well that is a good question. I would think I would try to communicate with them DIRECTLY.

My guess it that this is territory that has been traveled down many times.

[bulldog]

Frankie needs to become viable again and release new music and get on tour . Jimi Jamison has been working his butt off since he left Sullivan and has reclaimed his voice and is doing more shows in a month than Survivor has done in a year .

The trademark issues are what they are but the constant lawsuits over it mean nothing. Survivor isn't viable anymore . I get a kick out of this guy . It must be nice though not to really work and collect big money on royalty checks.

My question to Frankie Sullivan is why on Paradise Artist Booking page does he have Jimi Jamison's voice on all the promotional tracks . Also, They show a small video using Jimi Jamison's voice with all the other guys standing there hmm.!

Jimi should sue them for damages . They are looking at one band but the voice isn't what the fans will hear and 95% of the people attending a concert by them have no idea who they are going to see.

Keep Rocking Jimi . Your doing awesome work .

[Slander]

:evil: Frankie needs to become viable again and release new music and get on tour . Jimi Jamison has been working his butt off since he left Sullivan and has reclaimed his voice and is doing more shows in a month than Survivor has done in a year .

The trademark issues are what they are but the constant lawsuits over it mean nothing.

First of all Survivor is plenty viable. They SOLD OUT two shows near me late last year. There is also every indication that new music is coming. Crossroads Moment was a great effort for JJ and I'm glad he is out touring again. Bravo. As far as the lawsuit. You are right, the trademark issues are what they are! I really don't know why this is even a discussion. This is old territory, and as the news article Andrew posted reports JAMO agreed to the terms.

[axecrew]

I think it's absolutely fucking ridiculous and petty that Jimi Jamison can't mention that he was in Survivor. Perhaps it should have said "Formerly of Survivor" but, at any rate, I think this is nothing more than sour grapes on Frankie's behalf

Before rejoining the band in 2000, Jamison signed a contract agreeing not to use the Survivor name for promotional or business purposes, although he is allowed to mention his role in the band for biographical purposes.


Hey Axe. Isn't this what JJ agreed to? Doesn't FS own the name? I can't believe we are going down this road again.

Slander old buddy.....nice to hear from you again after all this time. Glad you are still thinking about me.
As to what jimi agreed to....got me, I didn't sign anything and wasn't there when it was signed. But I will say this much....if sullivan spent as much time on his new band's music as he did worrying about who to sue or fire off ceast and desist letters, maybe he could put out more than one album in roughly 20+ years.
This whole thing is really ignorant and stupid....and also very old....seems like I've heard this song before.Does frankie own the name....most likely he does can't say for sure but I'm eqaully sure that Jim still has some stake in the Survivor name. Don't know if he sold tha name lock stock and barrel to frankie.And I agree...can't believe we are going down this road againWhy does he insist on doing this every time he feels there's the slightest whatever.......you want my opinion on it.....sullivan is very insecure about the survivor brand name...if it were truely as strong as some think, then little things like this would be met with a shrug, a laugh and then settled with a phone call of explanation, not sue whomever right out of the blocks.....kinda like he did with Andrew 2 years ago. That was really bush league and if the show in question is in fact a charity benefit then sullivan is a bigger dickhead than even i think he is.

[Red13JoePa]

I think it's absolutely fucking ridiculous

Hey Axe.

Slander old buddy.....nice to hear from you again

You are Saint John, too?

[axecrew]

I think it's absolutely fucking ridiculous

Hey Axe.

Slander old buddy.....nice to hear from you again

You are Saint John, too?

Not that I know of, but hey they say we all have multiple personalities and have been others in the past. I have obviously been mistaken for someone else, i couldn't have been that nice about sullivan's latest follies! Just can't seem to wrap my mnd around this incandencent need to sue all the time.

[Slander]

Just can't seem to wrap my mnd around this incandencent need to sue all the time.

All the time? Is that a bit overboard. Once again, FS own the name. It's his property. What's the big deal here?

[Red13JoePa]

Just can't seem to wrap my mnd around this incandencent need to sue all the time.

All the time? Is that a bit overboard. Once again, FS own the name. It's his property. What's the big deal here?

Dude, #1 we get it. It's his "brand" his "trademark" etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc.
But #2 isn;t the red-colored part also a bit overboard? If he owned the name and it was his property, people like Destiny's child would not be able to have a song called Survivor.
He has at lesat some some modicum of control over the word as it applies to the band Survivor.
In the final analysis, I'll be interested in seeing how this case is resolved, hopefully MR.com stays on top.
IMO, the parenthasese could be interpreted to indicate "formerly of" (in which case, I fail to see the violation) or "of" in which case the litigious one may have grounds. Whoever is behind it was smart enough not to directly say "Survivor" would be playing to me it seems to indicate more "a former member of"
But it also needs to be established if it is Jamison or the promoter behind it.

Very interesting, the Frankie camp may just be banking on the fact that the other side will cave but I'd love to see this thing play out.

[axecrew]

Funny I don't see Blue Oyster Cult suing over the use of their name concerning Joe Bouchard, nor is The Romantics suing over their name being used concerning Wally Parmar. I don't think even slander can say that survivor is a bigger band than Blue Oyster Cult...can he? Face it, this is the only way sullivan can keep the band's name in the news anymore. Nobodies interested in their music as it stands. Yes great they "sold out" 2 shows near you in the seattle area slander terrific, you failed to tell us how many people"Sold Out" means.I could put together a band and sell out a show, but if i only make available 20 tickets...... Truth be known all this will end up being is another embarrassing chapter in the survivor saga, like suing the show survivor....which is infinately bigger than the band ever was or will be,All he is doing is embarrassing himself and the band by suing for the use of the name survivor in an ad for a CHARITY concert...you know one where the artist donates his or her time and talents...what has sullivan ever donated? And if you have no specifics please don't answer the question..got it? Guesses and vague ..heard from a friend who heard from the janitor at a local bar doesn't mean shit. Lets face it....he is already over a year late on that new album promise...only to be teased by this "new project" that he wouldn't even call a survivor album...then it comes out that poor joe hasn't even seen frankie for months and has been effectively closed out of the survivor inside(guess he got what he needed..sullivan that is)and has been abandoned on his Mecca album so to speak, now we are told oh well songs are being sent to be mixed. Really....they've been mixing for longer than it takes def leppard to release an album. Could it be that the reason is they have no label to distribute the album? And they are hoping to take some time and maybe a label will step up at that point.

[Slander]

Dude, #1 we get it. It's his "brand" his "trademark" etc etc etc etc etc etc etc etc etc etc etc etc etc etc etc.
Very interesting, the Frankie camp may just be banking on the fact that the other side will cave but I'd love to see this thing play out.

Does the word "trademark" mean nothing? Clearly you don't get it, and it should be interesting how this plays out. Not just this case but similar cases involving bands and ex members.

[Slander]

Funny I don't see Blue Oyster Cult suing over the use of their name concerning Joe Bouchard, nor is The Romantics suing over their name being used concerning Wally Parmar. I don't think even slander can say that survivor is a bigger band than Blue Oyster Cult...can he? Face it, this is the only way sullivan can keep the band's name in the news anymore. Nobodies interested in their music as it stands. Yes great they "sold out" 2 shows near you in the seattle area slander terrific, you failed to tell us how many people"Sold Out" means.I could put together a band.

God Bless you AXE. You keep trying. The insults of Sullivan are a hoot and trite. No one is saying FS is perfect by any means but as always, you take shite to the extreme. Yeah acutally I would say that Survivor is bigger than Blue Oyster Cult, if you need to make the comparison. Yeah they sold out two shows at a popular casino where I live. Is it Wembley Stadium? No, but a pretty damn good turn out. As far as the brand name? It sells itself. Everyone knows the name period. Axe, Tiger is played every night at every stadium in the fuckin' USA. By the way that's Sullivan's guitar you hear right? Every night. Heard by thousands upon thousands of people. I would say that makes him and the band as relevant as hell! Damn even heard some Olympians use Tiger in Vancouver. It's not JJ voice I hear or JP's keyboards. It's Frankie's guitar! Having said that, it's not a diss at all on JP or JJ. These are just the facts. Then again AXE you never let facts get in the way.

[Ehwmatt]

Funny I don't see Blue Oyster Cult suing over the use of their name concerning Joe Bouchard, nor is The Romantics suing over their name being used concerning Wally Parmar. I don't think even slander can say that survivor is a bigger band than Blue Oyster Cult...can he? Face it, this is the only way sullivan can keep the band's name in the news anymore. Nobodies interested in their music as it stands. Yes great they "sold out" 2 shows near you in the seattle area slander terrific, you failed to tell us how many people"Sold Out" means.I could put together a band.

God Bless you AXE. You keep trying. The insults of Sullivan are a hoot and trite. No one is saying FS is perfect by any means but as always, you take shite to the extreme. Yeah acutally I would say that Survivor is bigger than Blue Oyster Cult, if you need to make the comparison. Yeah they sold out two shows at a popular casino where I live. Is it Wembley Stadium? No, but a pretty damn good turn out. As far as the brand name? It sells itself. Everyone knows the name period. Axe, Tiger is played every night at every stadium in the fuckin' USA. By the way that's Sullivan's guitar you hear right? Every night. Heard by thousands upon thousands of people. I would say that makes him and the band as relevant as hell! Damn even heard some Olympians use Tiger in Vancouver. It's not JJ voice I hear or JP's keyboards. It's Frankie's guitar! Having said that, it's not a diss at all on JP or JJ. These are just the facts. Then again AXE you never let facts get in the way.

BOC and Survivor are probably on similar grounds popularity/culture wise. Don't Fear The Reaper is at least as much of a cultural musical icon as Eye of the Tiger and Godzilla is pretty well-known too.